This Day in 1914 in The Record: Jan. 8, 1914

Thursday, Jan. 8, 1914. A Troy man is suing his employer for $30,000 — more than half a million dollars in 21st century money — over an industrial accident that left him almost totally blind, The Record reports.

Martin Burke of 134 Hill Street, a 36 year old father of five, worked for the Reynolds-Chalou Foundry company. He claims that a sandblasting machine malfunctioned and blew sand in his eyes last February. As a result, Burke “had the sight of his right eye destroyed, and that of the left eye practically ruined.”

Burke claims that he warned his foreman about a faulty valve before the accident. “In consequence of the knowledge the defendant had of the defect in the machinery, and of the failure to remedy it, it was claimed, counsel said, that the defendant was responsible, and responsible in heavy damages, as the plaintiff had been permanently deprived of the means of earning a living for himself, his wife and his five small children.”

Reynolds-Chalou is represented by Judge Andrew J. Nellis. He argues that Burke isn’t entitled to damages because of his own “contributory negligence.”

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“Even were it shown that the defendants were aware that the machinery was defective, still, if the plaintiff, knowing of the defect, and adding to that knowledge carelessness, brought about the accident, he was not entitled to damages.”

Nellis promises to demonstrate that Burke had not operated the machine properly, failing to shut off both valves, and had neglected to wear the required safety mask over his eyes at the time of the accident. He explains today that Burke did not become disabled until October, when doctors discovered a tumor in his right eye. Given the time between the accident and the diagnosis, Nellis suggests, the accident may not have caused Burke’s blindness at all.

On the stand, Burke explains that “at present he can just distinguish through his left eye the difference between black and white. Through his right eye he cannot see.”

Under cross-examination by Nellis, Burke insists that he “never worked at the sandblast machine without covering his face and eyes with a hood or mask.”

Nellis scores points, however, by getting Burke to testify that “he made no complaint on the day of the accident to any of the members of the company, nor to the shop foreman about being injured, nor did he do so the day after.”

Worse, when Burke finally sought treatment, he told his doctor that “his eye was injured by a chip from an air chisel.” Burke is followed on the stand by experts who describe the machinery and the plaintiff’s injury.